86mph in a 60mph zone citation

[houevoc]

What is the name of your state (only U.S. law)? TEXAS

Hello, I just got stopped today on the freeway and issued my first citation. The officer got me on radar as 86mph in a 60mph.

It was clear day, quiet, and a 4 lane area of freeway that I actually thought was still 70mph zone (no excuse!)

I accepted and signed citation but see that as it is 26mph over I can't take the DDC to have the citation reduced / removed.

I am an EMT and have completed the Emergency Vehicle Operations Course, and drive emergency vehicles everyday. I also have a completely clean record and have never had a citation before having been driving for 14 years.

I have no experience of citations, so could someone advise me please? The incident occured about 200 miles north of my home, so I would rather avoid coming back to court. I am happy to admit guilt / plead no contest and will pay fine / costs, but would rather not have it on the my record for sake of the extra 1mph over.

All help greatly appreciated! Many thanks!

[The Occultist]

What this means it that the clerk cannot grant you a driving course to mitigate your charges, but a judge may still be able to. Show up to court with a copy of your clean record and you may indeed see some leniency from the court. It also wouldn't hurt to sit down with a traffic attorney or two and see if they say anything worth hearing.

[houevoc]

Is it worth asking about the radar equipment calibration and accuracy?

Can I appeal to the judge without being in court?

Thanks!

[The Occultist]

If you like, you can submit a Discovery request for the calibration records and you can challenge them if you want. Keep in mind, however, that a "non guilty" plea can often permanently remove the option of driving school from the table.

[houevoc]

Thanks, I think I am going to consult a local lawyer as it's my first one!

I drove back through there yesterday and it's quite a short stretch of freeway that is down to 60 mph, bet they get a lot of people there!

[OP85063]

You may also want to explain your situation and see if they can give you a lesser or difference points all together.

I got caught speeding near the border of Niagara Falls, about 6 hrs from where I live. I wright to the court, explain the distance to driving and would not have any problem paying the fine. Of course I also apologized for the trouble I cause to this county and didn't mean any hard, as I was missing my exit and was trying to move over.

It got reduce to stop/park by the highway and I just paid the fine. I was doing 15MPH over the speed limit.

It worth a shot going in and talk to the judge or get a lawyer.

[houevoc]

I spoke to a lawyer who said it would be in the region of $500 in attorney fees to get the fine deferred and the offence wouldn't go on my record. Plus I'd have $250 ish in court fees. Due to the high speed, it would be rejected at first by issuing court but then deferred by the county.

Does anybody know what getting the violation "deferred" involves?

Does the price sound about right, please?

[Hey There]

houevoc
Thanks, I think I am going to consult a local lawyer as it's my first one!
Given the distance to court and that DDC is unavailable to a driver going 25mph or over the speed limit or a driver with a TX. CDL this is prudent .
Here are some sources to check to supplement information you receive from your consultation with a lawyer.

Google: Speeding Ticket--Fighting or Plea Bargaining.
This site lists 13 ways that Radar can give a false reading
as well as how to contest a ticket.
Google:Texas Speeding Ticket-
Scroll down to Texas Speeding Ticket-
This site has information specific to Texas and explains
how a driver can keep the ticket off his record if the speed
limit is LESS than 25mph and the driver doesn't hold a Texas
CDL.

When consulting with a lawyer for traffic violation
1. Some give a one time consultation for no or small fee.
2. Pay as you go basis is better than a retainer
3. A lawyer can be fired at any time if the client thinks the
lawyer isn't acting in his best interest.
4. Once the names of several lawyers are found who handle
traffic or criminal cases it's time for a consultation.
5. A local lawyer is best.
Source: Beat Your Ticket published by NOLO.
6. If a speed trap exists a local lawyer should be able to
obtain a dismissal.
7. Google: Speed Trap Defence
Speed Traps in Texas

Let us know how this goes,
Best Regards,
Hey There

[houevoc]

Thanks, Hey There, I appreciate it!

[houevoc]

OK, I'm feeling much better now. My original quote for representation was $450 in this case, the next four quotes were between $75 and $175. All stated they would move for a deferred judgment in the county court and I would have to "follow instructions" of the law firm and the court and I'd have no record.

The firm I am retaining however stated they would meet with the judge and make a decision that is best for my case, be it deferred, dismissed, Defensive Driving, with the focus being on my record remaining good and smallest fine. They are charging around $100 and sound very promising.

So it looks like it won't be as expensive a weekend as it first seemed! Appreciate all the help, and glad I found the website!